Section 54’s 54.Inspector’s power to deal with dangerous conditions – (1) if an inspector has reason to believe that any occurrence, practice or condition at a mine endangers or may endanger the health or safety of any person at the mine, the inspector may give any instruction necessary to protect the health or safety of persons at the mine, including but limited to an instruction that – (a) operations at the mine or a part of the mine be halted: (b) the performance of any act or practice at the mine or a part ofthe mine be suspended or halted and may place conditions on the performance of that act or practice. (c) the employer must take the steps set out in the instruction, within the specified period, to rectify the occurrence, practice or condition or (d) all affected person, other than those who are required to assist in taking steps referred to in paragraph (c), be moved to safety [Sub-s. (1) amended by s. 23 of Act No. 72 of 1997] MINE HEALTH & SAFETY ACT + REGS. 29 OF

Section 54’s cont. (2)An instruction under subsection (1) must be given to the employer or a person designated by the employer or, in their absence, the most senior employee available at the mine to whom the instruction can be issued. (3) An inspector may issue an instruction under subsection (1) either orally or in writing. If it is issued orally, the inspector must confirm it in writing and give it to the person concerned at the earliest opportunity. (4) If an instruction issued under subsection (1) is not issued to the employer, the inspector must give a copy of the instruction to the employer at the earliest opportunity. (5) Any instruction issued under subsection (1) (a) must either be confirmed, varied or set aside by the Chief Inspector of Mines as soon as practicable. (6)Any instruction issued under subsection (1) (a) is effective from the time fixed by the inspector and remains in force until set aside by the Chief Inspector or until the inspector’s instructions have been complied with. MINE HEALTH & SAFETY ACT + REGS. 29 OF

What are the objectives of this Act? (Section 1 of Act)  To protect the health and safety of persons at mines;  To require employers and employees to identify hazards and eliminate, control and minimise the risks relating to health and safety at mines;  To give effect to the public international law obligations of the Republic that concern health and safety at mines  To provide for employee participation in matters of health and safety through health and safety representatives and the health and safety committee at mines;  To provide for effective monitoring of health and safety conditions at mines;  To provide for enforcement of health and safety measures at mines  To provide for investigations and inquiries to improve health and safety a mines and  To promote – - a culture of health and safety I the mining industry; -training in health and safety in the mining industry; and -co-operation and consultation on health and safety between the state, employers, employees and their representatives. MINE HEALTH & SAFETY ACT + REGS. 29 OF

Employer to ensure safety (Section 2 of Act) Employer to ensure safety: the employer of every mine that is being Worked must -  Ensure as far as reasonably practicable, that the mine is designed, constructed and equipped – -to provide conditions for safe operation and a health working environment; and -with a communication system and with electrical, mechanical and other equipment as necessary to achieve those conditions.  Ensure as far as reasonably practicable that the mine is commissioned, operated, maintained and decommissioned in such a way that employees can perform their work without endangering the health and safety of themselves or of any other person;  Compile an annual report on health and safety at the mine including the statistics on health and safety that must be kept in terms of this Act and the annual medical report referred to in section 16; and  If the employer is a body corporate and employs more than 50 employees, publish and distribute the report referred to in paragraph (c), in an appropriate form, to the body corporate’s shareholders or members. [Para. (d) substituted by s. 1 of Act No. 72 of 1997] MINE HEALTH & SAFETY ACT + REGS. 29 OF

Employer to ensure safety: The employer of a mine that is not being worked, but in respect of which a closure certificate in terms of the Mineral and Petroleum Resources and Development Act has not been issued, must take reasonable steps to continuously prevent injuries, ill-health, loss of life or damage of any kind from occurring at or because of the mine. MINE HEALTH & SAFETY ACT + REGS. 29 OF

Manufacturer’s and suppliers duty for Health & Safety: any person who – (Section 21 of Act)  Designs, manufacturers, repairs, imports or supplies any article for use at a mine must ensure, as far as reasonably practicable – -that the article is safe and without risk to health and safety when used properly and; -that it complies with all the requirements in terms of this Act;  Erects or installs any article for use at mine must ensure, as far as reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health and safety when used properly; or  Designs, manufacturers, erects or installs any article for use at a mine must ensure, as far as reasonably practicable, that ergonomic principles are considered and implemented during design, manufacture, erection or installation. MINE HEALTH & SAFETY ACT + REGS. 29 OF

 Any person who bears a duty in terms of subsection (1) is relieved of that duty to the extent that is reasonable in the circumstances, if – -that person designs, manufacturers, repairs, imports or supplies an article for or to another person; and -that other person provides a written undertaking to take specific steps sufficient to ensure as far as reasonably practicable, that the article will be safe and without risk to health and safety when used properly and that it complies with all prescribed requirements.  Any person who designs or constructs a building or structure, including a temporary structure, for use at a mine must ensure, as far as reasonably practicable that the design or construction is safe and without risk to health and safety when used properly. Manufacturer’s and suppliers duty for Health & Safety MINE HEALTH & SAFETY ACT + REGS. 29 OF

 Take reasonable care to protect their own health and safety;  Take reasonable care to protect the health and safety of other persons who may be affected by any act or omission of that employee;  Use and take proper care of protective clothing and other health and safety facilities and equipment provided for the protection, health or safety of that employee and other employees;  Report promptly to their immediate supervisor any situation which the employee believes presents a risk to the health or safety of that employee or any other person and with which the employee cannot properly deal;  Co-operate with any person to permit compliance with the duties and responsibilities placed on that person in terms of this Act;  Comply with prescribed health and safety measures. Employee’s duties for health & safety - every employee at a mine, while at that mine, must – (Section 22 of Act) MINE HEALTH & SAFETY ACT + REGS. 29 OF

Who is the Inspector? The regulations in Terms of Mine Health & Safety Act 29 of 1996: (Regulations 7.1 & 7.2)  Qualifications of Inspectors – An officer must comply with the appointment requirements of the Personnel Administration Standard for the Occupational Class: Inspector of Mines or the Occupations Class: Inspector: Mining Machinery approved by the Public Service Commission read in conjunction with Public Service Staff Code K.II/I to be appointed as an inspector on the establishment of the Mine Health and Safety Inspectorate.  Authorisation certificate - 1 -The Chief Inspector must issue each inspector appointed in terms of Section 49 (1) with a certificate DME 34 signed by the Chief Inspector. -The certificate which must include the names, identification number and a photograph of the inspector, must indicate – -the position in which the inspector is employed; and -that the inspector may, in terms of section 50 (1), enter any mine for the purposes of monitoring or enforcing compliance with this Act. MINE HEALTH & SAFETY ACT + REGS. 29 OF

Who is the Inspector? (cont.) The Chief Inspector must issue each person authorised under section 49 (4) (b) with a letter of authorisation and a certificate DMR 35 signed by the Chief Inspector. The letter of authorisation must include:  The names of the person  The functions to be performed by the person  The area in which the functions will be performed; and  The period for which the person is authorised The certificate, which must included the names, identification number and a photograph of the authorised person, must indicate that the person –  Is appointed to perform the functions of an inspector as indicated in the letter of authorisation; and  May, in terms of section 50, enter any mine to perform such functions. MINE HEALTH & SAFETY ACT + REGS. 29 OF

Who is the Inspector? (cont.) Every inspector appointed or person authorised under section 49 (1) or 40 (4) as the case may be, must at all times when entering, or performing any function at any mine –  Carry on their person, certificate DMR 34 or 35 and the letter of authorisation issued in terms of regulation (2), as the case may be; and  Must show such certificate and letter to the manager of the mine or the person in charge of any working place at the mine, if requested to do so.  Despite regulations 7.2 (1) to (3) the Principle Inspector of Mines may issue a letter, signed by the Principle Inspector of Mines to any inspector appointed or person authorised under section 49 (1) or 49 (4), as the case may be, who for any reason is not in possession of a certificate DMR 34 or 35.  The letter issued under regulation 7.2 (4) (a) must include the names of the inspector or person and the official stamp of the office of the Principle Inspector of Mines and must state that the inspector or person is duly appointed or authorised under section 49 (1) or 49 (4), as the case may be.  Regulation 7.2 (3) is applicable to a letter issued under regulation 7.2 (4)  A certificate DMR 34 or 35 or a letter contemplated in regulation 7.2 (4) is deemed to be adequate proof of an appointment or authorisation under section 49 (1) or 49 (4 as the case may be. MINE HEALTH & SAFETY ACT + REGS. 29 OF